The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) [2019] NSWSC 299

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liq) [2019] NSWSC 299 Hearing dates: On the papers Decision date: 21 March 2019 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: That the plaintiff pay the costs of the eighth defendant, including the costs the eighth defendant incurred as insurer of the seventh defendant less the costs incurred by the plaintiff in obtaining leave to proceed against the eighth defendant Catchwords: COSTS – party/party – general rule that costs follow the event – proceedings discontinued or dismissed –defendant company deregistered – defendant's insurer paid costs of defending proceedings – defendant's insurer continued to incur costs not knowing of deregistration – insurer joined as defendant – plaintiff discontinued against insurer on sixth day of hearing – whether insurer should have costs incurred prior to its joinder as defendant Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] 1 WLR 2807; [2004] UKPC 39 Knight v FP Special Assets Ltd (1992) 174 CLR 178; [1992] HCA 28 O'Keefe v Hayes Knight GTO Pty Ltd [2005] FCA 1559 PM Works Pty Ltd v Management Services Australia Pty Ltd trading as Peak Performance PM [2018] NSWCA 168 Yu v Cao (2015) 91 NSWLR 190; [2015] NSWCA 276 Category: Costs Parties: The Owners – Strata Plan 30791 (First Plaintiff) Albert Bonansea and Ivana Bonansea (Second Plaintiff) Angus John Nicholas Brooks (Third Plaintiff) Julius Wolfgang (Fourth Plaintiff) Roslyn Bainton (Fifth Plaintiff) Michelle Anne Carruthers (Sixth Plaintiff) Alison Pate (Seventh Plaintiff) Vanessa Winley (Eighth Plaintiff) Southern Cross Constructions (ACT) Pty Limited (in liquidation) (First Defendant) Pile & Bucket Pty Limited (Second Defendant) Allianz Australia Insurance Limited (Third Defendant) Northwood Pty Limited (Fourth Defendant) Jeffery and Katauskas Pty Limited (Fifth Defendant) Hughes Trueman Pty Limited (Sixth Defendant) NMK (Aust) Pty Limited (Seventh Defendant) QBE Underwriting Limited as Managing Agent for the Members of Lloyd's Syndicate 386 (Eighth Defendant) Representation: Counsel: A J L Ogborne with A Avery-Williams (Plaintiffs) G E S Ng (Eighth Defendant)